When is the deadline for motion to quash a proceeding in which no appeal lies?
The catalogue records a 30 days period from Filing of the proceeding referred to in s 44 of the Supreme Court Act. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 30 days
- Trigger
- Filing of the proceeding referred to in s 44 of the Supreme Court Act
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Rule 6(1) extension or abridgment. The Court's substantive power to quash under s 44 of the Act is itself discretionary ("may quash proceedings in cases brought before it in which an appeal does not lie, or whenever such proceedings are taken against good faith").
- On service of the motion to quash the proceeding is stayed until the motion is disposed of, unless the Court or a judge otherwise orders (r 63(2)). If the proceeding is quashed the moving party may be ordered to pay costs (r 63(3)). July excluded (r 5(3)); recess excluded (r 5.1).